RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD, 1979

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Liquor, Hospitality and Miscellaneous Union

APPLICANT

-v-

Kings Park Garden Restaurant AND OTHERs

RESPONDENTS

CORAM Senior Commissioner J H Smith

DATE WEDNesday, 3 DECEMBER 2008

FILE NO/S APPL 46 OF 2008

CITATION NO. 2008 WAIRC 01682

Result Award varied

Representation

Applicant Ms J O'Keefe

Respondents Mr O Moon as agent on behalf of the Restaurant and Catering Industry Association of Employers of Western Australia Inc

Mr R Ballucci on behalf of the Western Australian Hotels and Hospitality Association Incorporated (Union of Employers)

Order

HAVING heard Ms O'Keefe on behalf of the applicant and Mr Moon, as agent, on behalf of the Restaurant and Catering Industry Association of Employers of Western Australia Inc and Mr Ballucci on behalf of the Western Australian Hotels and Hospitality Association Incorporated (Union of Employers) on behalf of respondents, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders —

THAT the Restaurant, Tearoom and Catering Workers' Award, 1979 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 2 December 2008.

Senior Commissioner J H Smith

SCHEDULE

1. Clause 9. – Additional Rates for Ordinary Hours:  Delete this clause and insert the following in lieu thereof:

9. - ADDITIONAL RATES FOR ORDINARY HOURS

(1) An employee who is required to work any ordinary hours prior to 7.00 am or after 7.00 pm on any day Monday to Friday, both inclusive, shall be paid at the rate of an extra $1.66 per hour for each such hour, or part thereof worked.  Provided that any employee who works the majority of his/her ordinary hours between midnight and 7.00 am shall be paid $1.75 per hour extra for each such hour, or part thereof worked.

(2) All time worked during the ordinary hours of work on Saturdays and Sundays shall be paid for at the rate of time and a half.

(3) An employee who is required to work any of his/her ordinary hours on any day in more than one period of employment, other than for meal breaks as prescribed in accordance with the provisions of Clause 13. - Meal Breaks of this Award, shall be paid an allowance of $2.70 per day, for such broken work period worked.

(4) The provisions of subclauses (1) and (2) hereof shall not apply to any work performed on a holiday and to which the provisions of subclause (2) of Clause 17. - Holidays are applicable.

(5) The provisions of this clause shall not apply to casual employees.

2. Clause 14. – Meal Money:  Delete this clause and insert the following in lieu thereof:

14. - MEAL MONEY

Any employee who is required to work overtime for two hours or more on any day, without being notified on the previous day or earlier, that he or she will be so required to work such overtime, will either be supplied with a substantial meal by the employer or be paid $11.30 meal money.

3. Clause 26. – Uniforms and Laundering:  Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof:

(2) Subject to subclause (3) hereof, an employer requiring any of the articles of clothing to be worn as described in subclause (1) of this clause, shall cause such clothing to be laundered at his/her own expense or otherwise shall pay to the employee concerned $7.20 per fortnight worked as a laundry allowance.  The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.

(3) Where a cook wears the ordinary apparel usually worn by cooks such as black and white check trousers, white shirt, white apron and cap, such garments shall be laundered at the employer's expense or otherwise the employee shall be paid $11.00 per fortnight worked as a laundry allowance.  The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.

4. Clause 27. – Protective Clothing:  Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Employees who are required to wash dishes, clean toilets or otherwise handle detergents, acids, soaps or any injurious substances, shall be supplied with rubber gloves free of charge by the employer, or be paid, in lieu, an allowance of $3.90 per fortnight worked.  The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.

5. Clause 28. – Employees' Equipment:  Delete this clause and insert the following in lieu thereof:

28. – EMPLOYEEs' EQUIPMENT

All knives, choppers, tools, brushes, towels and other utensils, implements and material which may be required to be-used by the employee for the purpose of carrying out his/her duties, shall be supplied by the employer free of charge.  Provided that where an employee is required by the employer to use his/her own knives he shall be paid an allowance of $14.40 per fortnight worked.  The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.